Published tribunal order
Tenancy Tribunal case 4980473 — Rent arrears at Unit/Flat 13C, 85 Poulson Street, Addington, Christchurch
Decided 12 Nov 2024 · Published 12 Nov 2024 · Application 4980473
Landlord favoured
- Rent arrears
Order
- William Jennings owes Otautahi Community Housing Trust $2,166.99 (“the debt”), being rent arrears to Wednesday 13 November 2024 of $2139.99 and the application filing fee of $27.00.
- William Jennings must pay rent and the debt as follows: a. By 86 weekly payments of $113.00, being $88.00 for rent and $25.00 for the debt. b. A final payment of $104.99, being $88.00 for rent and $16.99 for the debt. c. Payments will be every Thursday, with the first payment on 14/11/2024 and continuing until 09/07/2026.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 13C, 85 Poulson Street, Addington, Christchurch 8024, Harman Court will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call went unanswered and to voicemail. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. The tenant has commenced repayments per the terms in this order already.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.